HomeMy WebLinkAboutFirstCarbon Solutions - SE Development Area Specific Plan - 2020
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effect on ____________________, by and
between the CITY OF FRESNO, a California municipal corporation (City), and
FirstCarbon Solutions, Incorporated (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional environmental planning and consulting
services for the Southeast Development Area Specific Plan (Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
environmental consultant and hereby represents that it desires to and is professionally
and legally capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Planning and
Development Director (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through December 31, 2022, subject to any earlier termination in
accordance with this Agreement. The services of the Consultant as described in
Exhibit A are to commence upon the Effective Date and shall be completed in a
sequence assuring expeditious completion, but in any event, all such services shall
be completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee not to exceed $625,000, paid on the basis of the rates set forth in the
schedule of fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
The City shall not be obligated to reimburse any expense for which it has
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not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant’s compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the Consultant
upon the earlier of: (i) the Consultant’s filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by
a third party against the Consultant; (ii) seven calendar days prior written notice
with or without cause by the City to the Consultant; (iii) the City’s non-appropriation
of funds sufficient to meet its obligations hereunder during any City fiscal year of
this Agreement, or insufficient funding for the Project; or (iv) expiration of this
Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the Consultant
shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of
its subcontractors to cease work; and (iii) return to the City any and all unearned
payments and all properties and materials in the possession of the Consultant that
are owned by the City. Subject to the terms of this Agreement, the Consultant
shall be paid compensation for services satisfactorily performed prior to the
effective date of termination. The Consultant shall not be paid for any work or
services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily perform
in accordance with the terms of this Agreement, the City may withhold an amount
that would otherwise be payable as an offset to, but not in excess of, the City’s
damages caused by such failure. In no event shall any payment by the City
pursuant to this Agreement constitute a waiver by the City of any breach of this
Agreement which may then exist on the part of the Consultant, nor shall such
payment impair or prejudice any remedy available to the City with respect to the
breach.
(d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise
any right, remedy (in contract, law or equity), or privilege which may be available
to it under applicable laws of the State of California or any other applicable law; (ii)
proceed by appropriate court action to enforce the terms of the Agreement; and/or
(iii) recover all direct, indirect, consequential, economic and incidental damages
for the breach of the Agreement. If it is determined that the City improperly
terminated this Agreement for default, such termination shall be deemed a
termination for convenience.
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(e) The Consultant shall provide the City with adequate written assurances of future
performance, upon Administrator’s request, in the event the Consultant fails to
comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Consultant and without its fault
or negligence such as, acts of God or the public enemy, acts of the City in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
unusually severe weather, and delays of common carriers. The Consultant shall
notify Administrator in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to Administrator of the cessation of
such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any
individual or organization by the Consultant without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, the Consultant shall not, without the prior written consent of the
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in the City.
(b) Any and all writings and documents prepared or provided by the Consultant
pursuant to this Agreement are the property of the City at the time of
preparation and shall be turned over to the City upon expiration or
termination of the Agreement. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the City relies upon the
skill of the Consultant and any subcontractors to do and perform such services in
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a skillful manner and the Consultant agrees to thus perform the services and
require the same of any subcontractors. Therefore, any acceptance of such
services by the City shall not operate as a release of the Consultant or any
subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of the Consultant, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than “A-VII” in the
Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the
City’s Risk Manager or designee at any time and in his/her sole discretion.
The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However,
the insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its
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responsibilities under this Agreement. The phrase “fail to maintain any
required insurance” shall include, without limitation, notification received by
the City that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be deemed
to release or diminish the liability of the Consultant, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify the City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the
Consultant. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of the Consultant,
its principals, officers, agents, employees, persons under the supervision of
the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with the Consultant and the City prior to the commencement of any services
by the subcontractor. The Consultant and any subcontractor/sub-
consultant shall establish additional insured status for the City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the
form as set forth in Exhibit C. During the term of this Agreement, the
Consultant shall have the obligation and duty to immediately notify the City
in writing of any change to the information provided by the Consultant in
such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
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seq.). At any time, upon written request of the City, the Consultant shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, the Consultant and the respective
subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of
any facts giving rise to the appearance of a conflict of interest, the
Consultant shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the Consultant
shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant’s subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. The Consultant
and any of its subcontractors shall have no interest, direct or indirect, in any
other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and
approved by the City Manager, in advance and in writing. Notwithstanding
any approval given by the City Manager under this provision, the Consultant
shall remain responsible for complying with Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City’s Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City’s Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
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(b) Immediately contact the City’s Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
provided for, shall be effective only if signed by the Administrator or
designee.
(b) Records of the Consultant’s expenses pertaining to the Project shall be kept
on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of the Consultant pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to the City until such action is resolved, or until the end of said
time period whichever shall later occur. If the Consultant should
subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have
provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the
Consultant should subcontract all or any portion of the work or services to
be performed under this Agreement, the Consultant shall require each
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
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(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. The Consultant shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to the Consultant’s employment
practices including, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) The Consultant will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of the Consultant’s commitment under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant
is acting solely as an independent contractor. Neither the Consultant, nor any of its
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officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of the City for any purpose. The City shall have no right to
control or supervise or direct the manner or method by which the Consultant shall perform
its work and functions. However, the City shall retain the right to administer this
Agreement so as to verify that the Consultant is performing its obligations in accordance
with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the Consultant and the City. The Consultant shall have no authority to bind the
City absent the City’s express written consent. Except to the extent otherwise provided
in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to the City employees. The Consultant shall be solely liable
and responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
the Consultant shall be solely responsible, indemnify, defend and save the City harmless
from all matters relating to employment and tax withholding for and payment of the
Consultant’s employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers’ compensation benefits,
and all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment benefits,
entitlements, programs and/or funds offered employees of the City whether arising by
reason of any common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, the Consultant may be providing
services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by the
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Consultant, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any
monies due the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all
monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
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25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both the City and the Consultant.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Jennifer K. Clark AICP,
Director
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney’s Office
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: Summer Cecil,
Project Manager
2600 Fresno Street, Room 3065
Fresno, CA 93721
Phone: (559) 621-8166
Email: summer.cecil@fresno.gov
FirstCarbon Solutions,
Incorporated
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
FirstCarbon Solutions
Attention: Philip Ault,
Project Manager
7726 North First Street, Suite 413
Fresno, CA 93720
Phone: (559) 930-6191
Email: pault@fcs-intl.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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President
Robert Francisco
11/4/2020
Chief Operating Officer
Patrick Schultz
11/5/202011/5/2020
11/5/2020
12/1/2020
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and FirstCarbon Solutions (Consultant)
Southeast Development Area Specific Plan
Scope of service detailed within Attachment A.
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SCHEDULE OF FEES AND EXPENSES
Total Contract Amount: $625,000
Consultant Proposal (Attachment A): $590,086
Contingency*: $34,914
*Contingency to be used after proper written notice to and with agreement of Planning
and Development Director, or designee.
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EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and FirstCarbon Solutions (Consultant)
Southeast Development Area Specific Plan
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
“bodily injury,” “property damage” and “personal and advertising injury” with
coverage for premises and operations (including the use of owned and non-
owned equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
“Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto). If personal automobile coverage is used, the
City, its officers, officials, employees, agents, and volunteers are to be listed
as additional insureds.
3. Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to the
Consultant’s profession. Architect’s and engineer’s coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
The Consultant, or any party the Consultant subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to the
City, its officers, officials, employees, agents, and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the City, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
The Consultant shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and the Consultant shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the City’s Risk Manager
or designee. At the option of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees,
agents, and volunteers; or
(ii) The Consultant shall provide a financial guarantee, satisfactory to
the City’s Risk Manager or designee, guaranteeing payment of
losses and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. The Consultant shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
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CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees, agents, and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, the Consultant’s insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents,
and volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it. The Consultant shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: The Consultant and its insurer shall waive any right of subrogation
against the City, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by the Consultant.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs first, or, in the alternative, the policy
shall be endorsed to provide not less than a five year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by the Consultant, the
Consultant must purchase “extended reporting” coverage for a minimum of
five years completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
calendar days’ written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City under
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the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice
of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall
furnish the City with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for the City, the
Consultant shall provide a new certificate, and applicable endorsements, evidencing
renewal of such policy not less than fifteen calendar days prior to the expiration date of
the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by the Consultant shall not be deemed to release or
diminish the liability of the Consultant, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Consultant. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of the Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require, at the discretion of the City
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with
the City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be
reviewed and preapproved by the City Risk Manager or designee. If no Side Agreement
is required, the Consultant will be solely responsible for ensuring that its subcontractors
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
VERIFICATION OF COVERAGE
The Consultant shall furnish the City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the City’s Risk Manager or designee prior to the City’s
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of the City, the Consultant shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Southeast Development Area Specific Plan
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional page(s) attached.
(City, State Zip)
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Robert Francisco
250 Commerce Ste 250
FCS International,Inc
Irvine, CA
11/4/2020
X
X
X
Patrick Schultz
X
X
X
11/6/2020
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PROJECT UNDERSTANDING—FRESNO SOUTHEAST DEVELOPMENT AREA
SPECIFIC PLAN
Project Summary
The City of Fresno has completed an administrative draft of a Specific Plan for the Southeast Development
Area (SEDA) which embodies a unique approach to planning in Fresno. Completion of the plan will require
updates for new greenhouse gas emission reduction targets, the conversion from LOS to VMT, updated
water conservation measures, completion of infrastructure assessment, fiscal nexus study and a Program
Environmental Impact Report (EIR). At its conclusion implementation of the Specific Plan will increase
density and accelerate housing production and redevelopment projects throughout the Specific Plan area.
The plan includes a commitment to sound public finance and fiscal accountability, a vision for complete
neighborhoods and communities, and environmental responsibility at all levels.
The Plan is based upon a hierarchy of walkable mixed-use centers supported by a multi-modal
transportation network. Centers which serve as commercial and civic focal points are designed to include a
mix and intensity of uses and a diversity of housing types. The range of housing products integrated
throughout the community offers flexibility in meeting the evolving needs of households in the region.
Although Fresno's average housing costs are less than half those of the Bay Area and Southern California,
its production has not kept up with demand. Providing lower cost housing in the center of the state will
make Fresno a prime location for achieving the State's housing production goals.
The number of dwelling units and densities contemplated for the specific plan area are: a total of
approximately 45,000 units broken down into six housing districts: Regional Center with 3,500 units at 30-
100 du/acre; Community Center with 5,500 units at 25-80 du/acre; Neighborhood Center with 3,200 units
at 15-40 du/acre; Mixed Residential with 15,100 units at 8-60 du/acre; Neighborhood Residential with
16,800 units at 6-30 du/acre; and Rural Cluster with 100 units at 0.1-0.5 du/acre as an agricultural buffer
zone. The Plan proposes to reduce annual household costs from transportation and utilities by 57%
thereby increasing affordability for renters and homeowners.
In addition, the Plan proposes to reduce VMT by 57%, to reduce GHG emissions from cars and buildings by
60%, to reduce air pollution from cars and trucks by 83%, and to reduce water use by 59%.
The City proposes to prepare a Program EIR per CEQA Guidelines Section 15168. The proposed EIR will
include a detailed programmatic evaluation of activities to be carried out through the Specific Plan and will
allow the City to incorporate feasible mitigation measures including a streamlining checklist to evaluate site
specific operations within the scope of the program EIR. This use of streamlining will fast-track the
production of much-needed housing for the City and the region.
Finally, since the Program EIR is for a Specific Plan, future development will also utilize an expanded
exemption under Government Code Section 65457 that will apply to certain residential, commercial, and
mixed-use projects that are consistent with a specific plan adopted pursuant to Government Code, Article
ATTACHMENT A
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8, Chapter 3 and would be exempt from CEQA. This new exemption is outlined in the final text of Section
15182 of the CEQA Guidelines.
The following Scopes of Work have been prepared to address these needs identified by the City.
SCOPE OF WORK
Task 1: Infrastructure Finance Plan, Nexus Study, and Fiscal Review (EPS)
Economic & Planning Systems, Inc. (EPS) will prepare an Infrastructure Finance Plan and Nexus Study for
the SEDA Specific Plan on behalf of the City of Fresno. New greenfield residential and nonresidential
development in the SEDA Specific Plan will require a variety of private and public infrastructure and
public facility improvements. The overall approach to formulate an Infrastructure Finance Plan (IFP) to
fund these improvements in a manner consistent with the requirements of the State of California’s
(State) planning and environmental review statuses and City objectives will include:
Specifying backbone infrastructure and other public facilities to be constructed or acquired in
association with development of the proposed specific plan.
Identifying the estimated costs and phasing requirements for required backbone infrastructure
and other public facilities.
Establishing the policy framework for determining financing mechanisms required to fund
backbone infrastructure and other public facilities.
Identifying funding mechanisms, both existing and new, to fund required backbone infrastructure
and other public facilities in a timely manner.
Identifying and providing estimated maintenance funding sources for certain backbone
infrastructure and other public facilities.
Examining the impact of existing and new infrastructure cost burdens on development feasibility
and evaluating various funding mechanisms (e.g., plan area fee, land-secured bonding capacity).
Task 1.1: Prepare Infrastructure Finance Plan and Nexus Study
Subtask 1.1.1: Project Initiation, Data Collection, and Report Review
EPS will meet with the City and the Project Team for an initial Project kickoff to finalize the scope of
services, project schedule, and expected work products. EPS will collect and review key documents,
including existing fee program nexus studies, the City General Plan, and other preliminary SEDA Specific
Plan documents, including the Southeast Growth Area Specific Plan Environmental Review Draft, existing
conditions analyses, and other background documents. This initial scoping, data gathering, and
discussion will focus subsequent technical efforts.
Subtask 1.1.2: Prepare Infrastructure Evaluation
EPS will rely on Project engineers and City staff to identify infrastructure and public facility requirements
and costs for the Project, including new facilities needed to serve new growth on greenfield land. The
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City and Project engineers will provide EPS with the infrastructure and public facilities to be evaluated
for purposes of the IFP, which are preliminarily anticipated to include (but are not limited to) the
following categories:
Roadway improvements.
Drainage improvements.
Water and sewer facilities/improvements.
Recycled water facilities/improvements.
Using City- provided level of service standards and estimated construction costs, EPS will work with the
City to estimate the required facilities for the following categories:
Fire and police facilities.
Park and community center improvements.
Any other public facility improvements required by the Project.
EPS will also work with the City to establish any land acquisition costs associated with the identified
backbone infrastructure and public facilities.
Once obtained, EPS will assemble this information into an infrastructure and public facility cost schedule
suitable for analytical purposes. The IFP will include improvement costs for buildout of the SEDA Specific
Plan. The Project Team and the City should evaluate if the IFP should include an analysis of Phase 1 or
other potential subphases, which may require additional budget. These improvement costs will be
documented in a spreadsheet-based format, allowing aggregation of cost estimates by type of
improvement for structuring the financing analysis.
Subtask 1.1.3: Prepare Infrastructure Cost Analysis and Funding Matrix
EPS will prepare a matrix identifying the relationship between the infrastructure costs required for SEDA
Specific Plan growth, identified in Subtask 1.2, and the various existing funding sources. EPS understands
that none of the existing City development fees will apply to this area. EPS will estimate available funding
from other sources such as existing County of Fresno (County), and school district development impact
fees; any planned general obligation and revenue bond issues; local, state, and federal grant funding
opportunities, and dedication (i.e., private developer funding) requirements. This review will take into
consideration any specific financing constraints or requirements.
Work completed in this subtask will result in an inventory of plan area related infrastructure costs that
are not funded by existing funding mechanisms and for which potential funding mechanisms (e.g. grant
funding sources) are not anticipated. These net costs will provide the basis for development of a Plan
Area-Specific impact fees financing mechanism.
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Subtask 1.1.4: Allocate Improvement Costs
EPS, with the assistance of Project engineers and City staff, will develop a strategy for allocating net
improvement costs among the various benefitting land uses in (or beyond) the SEDA Specific Plan; such
beneficiaries may include SEDA Specific Plan residential and nonresidential growth and nearby areas of
the City. EPS will make cost allocations by land use category on the basis of industry-standard measures
of demand for, or benefit from, the different types of improvements. For example, road costs typically
are allocated using trip generation factors.
Subtask 1.1.5: Analyze Cost Burdens and Financial Feasibility of the Project
Based on the development projections for SEDA Specific Plan buildout, the Financing Plan will evaluate
the impact of infrastructure cost burdens on the overall financial feasibility of the private real estate
development components of the Project, as well as any proposed financing mechanisms subject to basic
municipal financing requirements (e.g., value-to-lien ratio). The analysis will be based on estimates of
finished real estate values for private development. In the event that initial cost allocations appear
infeasible based on industry standards, alternative allocations and other measures (e.g., cost reductions,
phasing) will be evaluated.
Subtask 1.1.6: Evaluate Financing Mechanisms
EPS will identify and evaluate a variety of other funding and financing mechanisms that would be
appropriate to fund the net improvement costs and/or defray up-front or advance-funding costs
associated with these facilities. These sources and mechanisms may include, but are not limited to, the
following tools:
Area-specific development fees.
Special assessments and taxes.
Private contributions and exactions.
Tax increment financing mechanisms (e.g., Enhanced Infrastructure Finance District or Community
Revitalization and Investment Authority).
Statewide Community Infrastructure Program (SCIP) financing.
Bond Opportunities for Land Development (BOLD) financing.
Subtask 1.1.7: Formulate a Financing Strategy
The steps outlined above will be used to prepare a financing strategy that shows the implementation
steps required to use existing and potentially new funding sources. The financing strategy will provide
the technical foundation to create a new proposed Plan-Area Specific financing mechanism. The
financing strategy will specify the financial responsibilities of the public and private participants in
development of the Project. EPS will review and, as appropriate, ensure consistency, with previous
financing plans prepared for the City. The financing strategy will be circulated to City staff and Project
participants to ensure their understanding and to obtain their comments and suggestions.
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Subtask 1.1.8: Prepare Nexus Findings
EPS will prepare the statutorily required nexus findings supporting implementation of a plan-area fee
program. Consistent with Government Code Section 66000 et seq., the “Mitigation Fee Act,” EPS will
establish the following findings for each facility funded by plan-area fee revenues:
Identify the purpose of the fees.
Identify the use of the fees. If the use is financing public facilities, the facilities must be identified.
Determine how there is a reasonable relationship between the fee’s use and the type of
development project on which the fee is imposed.
Determine how there is a reasonable relationship between the need for a public facility and the
type of development project on which the fee is being imposed.
Establish a reasonable relationship between the amount of fees and the cost of or portion of the
facility attributed to development on which the fee is imposed.
Subtask 1.1.9: Prepare Draft Financing Plan and Nexus Study
EPS will prepare a draft of the IFP document, incorporating the technical analysis and narrative
describing the proposed Project and Project land uses, infrastructure and public facility requirements,
funding sources, financial feasibility findings, the Project financing strategy, maintenance funding
sources, nexus findings, and a detailed description of financing strategy implementation and
administration. The IFP will identify the land uses and required backbone infrastructure and public
facilities for buildout of the SEDA Specific Plan.
EPS will complete an Administrative Draft IFP for review by the City. After making any revisions required
to the Administrative Draft IFP based on a single set of consolidated comments provided by the City, EPS
will complete a Public Review Draft IFP for Stakeholder review. After making revisions to the Public
Review Draft IFP based on Stakeholder review (based on a single set of consolidated comment with City
concurrence), EPS will complete a Hearing Report to be submitted to the City Council for approval. EPS
will be available to attend one public hearing regarding the IFP.
Subtask 1.1.10: Project Meetings and Public Outreach Process
The success of the SEDA Specific Plan Area Fee Program update depends on the involvement and
collaboration of the City and stakeholders. To ensure the outcome of the SEDA Specific Plan Area Fee
Program reflects the community values and input, EPS proposes a transparent approach with the City
and stakeholders. This proposed approach is based on previous successful projects completed by EPS.
The proposed Project and stakeholder meetings are described below.
In addition to one initial Project kickoff meeting with the City, EPS will hold up to 4 meetings/ conference
calls with appropriate City and Project Team staff to discuss Project progress. In addition, EPS will
coordinate a series of stakeholder meetings with the City, BIA, and other development groups to discuss
the implications of the SEDA Specific Plan Area Fee Program.
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At a minimum, EPS recommends the following 4 project meetings, in addition to the Project kickoff
meeting discussed in Subtask 1.1 (Project Meeting #1), to discuss project updates and milestones:
Project Meeting #2: Assumptions Review and Public Outreach Refinement. EPS will meet with
relevant City staff to discuss the Land Use and other assumptions, and further refine the
“Stakeholder Meeting” process, specifically as it pertains to the coordination of stakeholder
outreach efforts.
Project Meeting #3: Administrative Draft Nexus Study Review. EPS and City staff will coordinate a
conference call or meeting to discuss City comments and edits regarding the Administrative Draft
Financing Plan and Nexus Study Report.
Project Meeting #4: Public Review Draft Nexus Study Review. EPS and City staff will coordinate a
conference call or meeting to discuss stakeholder comments and edits regarding the Public Review
Draft Nexus Study Report.
Additional Project Meetings. As special issues arise related to development of the SEDA Specific
Plan Area Fee Program, additional project meetings may be warranted. EPS will attend up to 1
additional project meeting to accommodate this possibility.
Project Meeting #5: City Council Meeting. EPS will prepare a presentation for the City Council to
discuss the findings of the Hearing Report Draft Nexus Study.
The proposed targeted stakeholder meetings includes updates at critical milestones and the use of
stakeholder input.
EPS has scoped up to 4 “Stakeholder Meetings”, assuming the use of materials generated from other
project subtasks. EPS has scoped 3 stakeholder meetings at key junctures: one to discuss key growth
forecasts, land use, and facility cost assumptions; a second to discuss the nexus analysis and proposed
fee schedule; and a third to present and discuss a Public Review Draft of the report. EPS also will plan for
1 additional stakeholder meeting to accommodate special issues that may arise during the Nexus Study
process.
If additional EPS attendance or presentations are requested, additional budget may be required that will
be billed on a time-and-materials basis according to current billing rates.
At a minimum, EPS recommends the following stakeholder involvement:
Develop Stakeholder Group Database. The City will provide a list of stakeholders for use during
development of the SEDA Specific Plan Fee Program. The list may include elected officials,
Building Industry Association representatives, other development groups, and other pertinent
stakeholders. The City also will provide all public posting requirements as necessary such as
California Environmental Quality Act (CEQA) requirements, Assembly Bill (AB) 1600 posting
requirements, and public meeting requirements.
Stakeholder Meeting #1: Key Assumptions: Growth Forecasts, Land Use, Facility Programming,
and Cost Estimates. After Subtask 1.2 the City should hold a meeting with the stakeholder group
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to share the resulting key land use and demographic assumptions used in the Nexus Study
process. EPS will attend and provide appropriate materials for distribution.
Stakeholder Meeting #2: Introduce and Discuss Nexus Analysis. After incorporating key
assumptions and developing a nexus methodology (Subtask 1.3 through Subtask 1.8), EPS
recommends a stakeholder meeting to introduce the proposed methodology and preliminary fee
schedule. This meeting should be designed to encourage stakeholder comment to allow City staff
to identify stakeholder concerns, address known issues, and build consensus. EPS will attend and
provide appropriate materials for distribution.
Stakeholder Meeting #3: Introduce and Discuss Public Review Draft Nexus Study. With City staff
feedback, EPS will produce an Administrative Draft Infrastructure Financing Plan and Nexus Study
for City staff. Following this review, EPS will prepare a revised Public Review Draft Infrastructure
Financing Plan and Nexus Study. EPS recommends a meeting with the stakeholder group,
including a review of assumptions and analysis and an introduction to the proposed Nexus Study.
EPS will attend and provide appropriate materials for distribution.
Additional Stakeholder Meetings. As special issues arise related to development of the SEDA
Specific Plan Area Fee Program, additional stakeholder outreach or meetings may be warranted.
EPS will attend up to 1 additional stakeholder meeting to accommodate this possibility.
Task 1.2: Conduct Qualitative Fiscal Review
With consideration to the Analysis of City and County Service Costs and Tax Sharing completed by EPS in
June 2020, EPS will conduct a qualitative assessment of the fiscal repercussions of development of the
SEDA Specific Plan. EPS will evaluate whether or not the existing targeted tax sharing parameters will
remain feasible with the development of the SEDA Specific Plan or if this Project will necessitate the
consideration of a different tax split. Specifically, this review will consider if there are specific
circumstances that may warrant a different tax split (e.g. the land use mix, likely magnitude of service
costs). If the qualitative review identifies any issues, an additional analysis to determine the desired tax
sharing arrangements may be needed, which would require an expansion of scope and budget.
Task 2: Infrastructure Assessment (BCF)
Blair Church & Flynn (BCF) will prepare an Infrastructure Assessment to support the SEDA Specific Plan.
To prepare the infrastructure assessment will require the following tasks.
Task 2.1: Project Initiation and Existing Conditions
Subtask 2.1.1: Kickoff Meeting
BCF will attend the kickoff meeting conducted by FirstCarbon Solutions (FCS) with the FCS team and City
of Fresno staff to discuss the scope of work and schedule, clarify roles for project team members, discuss
key issues, and review expectations for the process and products.
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BCF will coordinate with the City and request necessary background information and documents for the
analysis of existing conditions for the project area.
Subtask 2.1.2: Data Collection
BCF will contact and coordinate with the various City of Fresno departments, including the Department
of Public Utilities (Water and Wastewater Divisions), as well as the Fresno Metropolitan Flood Control
District (FMFCD), the Fresno Irrigation District (FID), and any other City utility departments and notify
them of the SEDA Specific Plan process, timeline, and that we will be contacting them for information
regarding their existing facilities. BCF will request access to their GIS information, as this is needed to
incorporate all utility infrastructure into base files for the project; BCF will assume that all utility entities
have existing utility information in the form of GIS information readily available. BCF will also obtain all
existing documents and reports for the master planning of infrastructure within the specific plan area for
each of the aforementioned departments.
During this task, BCF staff will drive through the SEDA Specific Plan area to obtain visual observations of
the planned development area to better understand the scope of the project.
Subtask 2.1.3: Southeast Fresno Area Infrastructure – Existing Conditions Report
BCF will review all available information pertaining to the existing and planned infrastructure for the
SEDA Specific Plan Area. Infrastructure, for the purposes of this scope of work includes wet utilities
(domestic and recycled water, wastewater, and stormwater). The information sources that will be
reviewed will include existing studies, capacities, reports, maps, utility information, current wastewater
flows, water consumption, rainfall runoff rates, irrigation water demand, recycled water demand and the
following information sources:
Planning Agencies
o City of Fresno Department of Public Utilities
City of Fresno Water Division
City of Fresno Wastewater Management Division
o Fresno Metropolitan Flood Control District (FMFCD)
o Fresno Irrigation District (FID)
Planning Documents
o City of Fresno 2015 Urban Water Management Plan
o City of Fresno USBR Water Management Plan
o Kings Basin Integrated Regional Water Management Plan
o City of Fresno Drinking Water Infrastructure Renewal and Replacement Plan
o City of Fresno Recycled Water Master Plan
o City of Fresno Sewer System Management Plan
o City of Fresno Wastewater Collection System Master Plan
o FMFCD District Services Plan and Storm Drainage Master Plan
o FID Water Management Plan & Master Plan
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o City of Fresno General Plan
State Regulations/Policies
o California State Water Resources Control Board Waste Discharge Requirements
California Code of Regulations Title 23 & Title 27
o California State Water Resources Control Board Drinking and Recycled Water
Statutes and Regulations
California Code of Regulations Title 17 and Title 22
o Sustainable Groundwater Management Act (SGMA) Requirements
BCF will prepare an administrative draft technical memorandum summarizing the results of the
information gathering and the existing state of the infrastructure master planning in the SEDA Specific
Plan area, the existing capacities and planned improvements or expansion of the wet utilities. The
administrative draft memorandum will also include a consolidated preliminary base map of the existing
wet utility systems to the extent that information is available. The administrative draft memorandum
will be sent to FCS for their review, comment, and submittal to the City of Fresno. Comments by FCS on
the administrative draft will be addressed and revisions will be made as required.
BCF will prepare a public review draft technical memorandum which will be a revision of the
administrative draft technical memorandum that addresses comments by the City of Fresno, FMFCD, FID,
and other pertinent stakeholders.
Deliverables
Southeast Fresno Area Infrastructure Existing Conditions Report
Task 2.2: Draft Specific Plan Input
Subtask 2.2.1: Alternatives Development
BCF will review up to two (2) proposed alternatives to land uses developed by FCS and provide feedback
on their anticipated impacts to the planned wet utilities. Feedback includes a qualitative and
quantitative evaluation of each alternative need for infrastructure and how the demands or waste
streams from the alternatives compare to the General Plan PEIR.
Subtask 2.2.2: Land Use Alternatives Analysis Memorandum
BCF will prepare a technical memorandum containing a comparison table for the two (2) alternatives to
the Specific Plan. The table will include qualitative analysis of the alternatives. Numeric analysis will not
be provided. The table will provide a means for FCS to review the impacts of the alternative land use
schema on wet infrastructure, to the extent that utility information is available.
BCF does not anticipate that hydraulic modeling or other modeling of wet utilities will be required; we
expect to rely on existing studies. Modeling of wet utilities may be carried out by the City, FMFCD, or
FID. We will coordinate with these agencies and provide them with demand or runoff potential
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information based on the proposed land uses. We will also collect the results of their modeling
information and incorporate it into the comparison table.
BCF will research all federal, state, and local requirements for water, recycled water, sewer, and storm
drain utilities, and incorporate all pertinent requirements into the design considerations for the SEDA.
BCF will utilize the planning documents for each utility type to size the various utilities, and rely on City
of Fresno standards where the planning documents do not specify design requirements.
The memorandum will be provided to FCS for review and comment. We will discuss their comments
with them and revise the memorandum accordingly. The memorandum will include up to two (2) utility
base maps as necessary for the clear interpretation of the memorandum. A number of exhibits for the
proposed utilities will also be drafted to accompany the memorandum.
Subtask 2.2.3: Administrative Draft Specific Plan
BCF will prepare content on the wet utility infrastructure for the preferred land use alternative. The
content will not address the various alternatives, nor will it address any changes to the preferred
alternative after the date on which we are authorized to prepare the content. The memorandum will be
submitted to FCS for review and comment. We will discuss their comments with them and revise the
memorandum accordingly. The memorandum will include up to two (2) utility base maps as necessary
for the clear interpretation of the memorandum.
BCF will develop generalized cost estimates for the required improvements to infrastructure systems,
including water, wastewater, recycled water, and storm drain utilities for the Preferred Land Use
Alternative. Cost estimates will be conceptual in nature based on the best available information and
modeling information provided by the agencies. The estimates will include the facility size, estimated
quantity, the unit cost and total cost for the preferred alternative.
Deliverables
Plan Area Draft Alternatives, Land Use Alternatives Memorandum, Draft Specific Plan for Utility
Infrastructure
Task 3: Community Outreach (R+A)
Raimi + Associates (R+A) will lead community engagement activities to support the SEDA Specific Plan on
behalf of the City of Fresno.
In addition to our community engagement expertise, R+A has extensive experience in comprehensive
land use planning and high-quality urban design. If needed or desired by the City, R+A could support
staff with plan revisions needed to address current conditions and policy changes over the last ten years
to finalize the SEDA Specific Plan. An estimate of tasks and hours can be provided upon request.
Engagement may consist of the following tasks.
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Task 3.1: Project Initiation
Subtask 3.1.1: Kickoff Meeting
R+A will attend the kickoff meeting conducted by First Carbon Solutions (FCS) with the FCS team and City
of Fresno staff to discuss the scope of work and schedule, clarify roles for project team members, discuss
key issues, and review expectations for the process and products.
Subtask 3.1.2: Review of Plan and Background Materials
R+A will coordinate with the City to request necessary background information (e.g. engagement process
and materials, key contacts, Plan documents), and will review materials to get a better understanding of
the SEDA Specific Plan and previous outreach conducted to date.
Deliverables
Data Request Memo
Task 3.2: Specific Plan Unveiling and Outreach
Subtask 3.2.1: Engagement Approach and Workplan
R+A will meet with City staff and FCS to develop a comprehensive approach and workplan for
engagement for the Specific Plan and EIR. The result will be a brief list of specific activities related to
engagement, including tasks, responsibilities, timing, target audience, and messaging.
Deliverables
Engagement Approach and Workplan
Subtask 3.2.2: Communications Materials (on-call)
Based on the discussion in Task 2.1, R+A will work with City staff to develop a variety of promotional and
informational materials to support the engagement effort. Since the specifics will be determined during
the discussion on engagement approach, the following lists potential activities that could be completed.
Preparing website content
Preparing flyers and meeting announcements
Crafting press releases
Developing informational materials about the purpose of the project and content in the plan (such
as fact sheets, topic-specific summaries, etc.)
Writing email blasts to announce the release of the plan, the virtual workshop, and the scoping
meeting
Other tasks as identified in the scoping process
R+A has budgeted up to $5,710 for the preparation of materials. This task assumes that the City will be
responsible for any translation of materials or messaging.
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Deliverables
Website content
Flyer/Meeting Notices
Press releases
Social media messaging
Email blasts
Subtask 3.2.3: Self-Directed Informational Materials/Presentations
R+A has set aside funds to work with staff to develop self-directed informational materials and/or
presentations for individuals unable to attend the Unveiling Event (Task 2.4), or who prefer to educate
themselves on the Plan at their leisure. This could take the form of illustrative boards/posters that
summarize key elements of the Final Plan, a prerecorded webinar, or an ArcGIS StoryMap. StoryMap
would combine maps with narrative text, images, and multimedia content to create a compelling
webapp experience that would allow community members to virtually navigate or tour various districts
within Plan Area (e.g. Mixed Use Zones, Residential Areas, Employment Zones) and learn more about the
vision for each one. This task assumes that the City will provide web-ready native files for Plan maps,
graphics, and GIS data, and that no updates or edits to content will be required.
An example StoryMap developed by R+A can be found at:
https://raimi.maps.arcgis.com/apps/Cascade/index.html?appid=4dd42fdbc27e4024b83d4e875394a5ce
Deliverables
Illustrative boards, prerecorded webinar, or StoryMap
Subtask 3.2.4: Virtual Workshop - Final Plan Unveiling and Q+A
R+A will work with FCS and the City to organize and facilitate one virtual Public Workshop to unveil the
Final Plan. This is expected to be a virtual evening or weekend meeting that lasts approximately two to
three hours. The workshop could include a statement by the Mayor, City councilmember, or Planning
Director and an opening presentation on the history, process, and key elements of the SEDA Specific
Plan, followed by an interactive Q&A session. The event could be Livestreamed on YouTube and a
recording will be made available afterwards on the project website.
R+A will be responsible for the following activities:
Developing the overall approach to the workshop
Preparing the agenda and facilitator guide
Providing up to 4 staff members (1 facilitator, 1 behind the scenes zoom coordinator, 1-2 small
group facilitators)
Working with City staff to identify meeting content, including a presentation, discussion questions
and live polls
Layout and design of the presentation and associated workshop materials
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Facilitating the meeting and running the “behind the scenes” tasks necessary to run a virtual
meeting
Preparing brief summary notes
City staff will be responsible for any tasks not specifically listed above including, but not limited to, the
following activities:
Providing logistical support
Developing content for the presentations
Presenting the information and answering questions at the virtual workshop
Providing small group facilitators beyond the staff R+A will provide
Providing translation of materials and simultaneous interpretation during the meeting
Deliverables
Workshop Approach and Agenda
Meeting materials
Workshop Summary
Subtask 3.2.5: Comment Form/Survey
Based on the presentation at the Virtual Workshop, R+A will develop an online survey or comment form
to receive feedback on the Specific Plan. R+A will draft the survey questions (based on discussions with
staff), prepare the survey instrument, and then summarize the results.
Deliverables
Compiled comments or brief summary of survey results
Task 3.3: CEQA Scoping Meeting
Subtask 3.3.1: Attendance and Support for Scoping Meeting
R+A will attend and support FCS with logistics for a public scoping meeting to hear comments on the
scope of environmental issues and alternatives to be considered in the Program EIR. This task assumes
that R+A’s role will be facilitating and staffing the meeting via virtual attendance. FCS will be responsible
for preparing the presentation and summarizing the results.
Task 3.4: Project Management and Coordination
In addition to the tasks above, R+A’s duties will include regular coordination and support to the project
team and City staff in relation to outreach activities (e.g. regular check-ins and updates, project invoicing,
etc.). This task assumes twenty (20) hours of staff time.
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Task 4: Environmental Impact Report
Task 4.1: Technical Studies/Analysis
Subtask 4.1.1: Air Quality, Greenhouse Gas Emissions and Energy Analysis (EIR Sections)
FCS will analyze air quality and greenhouse gas (GHG) emissions impacts associated with the
implementation of the Specific Plan. FCS will estimate criteria pollutant and GHG emissions based on the
projected land uses, including, but not limited to land use types, building square feet, estimated floor
area ratios (FAR), trip generation estimates, and vehicle miles traveled (VMT).
All modeling and analyses contained in this analysis will be updated based on the most recently
approved models and the Guidance for Assessing and Mitigating Air Quality Impacts (2015) from the San
Joaquin Valley Air Pollution Control District.
FCS will provide an analysis in the EIR that evaluates consistency of the Specific Plan with the GHG
Reduction Plan adopted in 2014, as well as with the GHG Reduction Plan Update currently being
considered as part of the General Plan PEIR. As the 2014 GHG Reduction Plan is the only officially
adopted GHG reduction strategy for the City of Fresno and is based on compliance with legislative GHG
reduction targets for 2020, as supported by Assembly Bill 32, FCS will also analyze the Specific Plan for
consistency with the 2017 ARB Scoping Plan, which establishes GHG reduction targets for 2030, as
codified by Senate Bill 32.
FCS will also assess the potential impacts on energy conservation (CEQA Guidelines Appendix F) that
could result from implementation of the Specific Plan. The Energy Analysis will consider Specific Plan
polices and design requirements that may affect the energy efficiency of infrastructure and development
projects that could occur under buildout of the Specific Plan.
The Air Quality, GHG Emissions, and Energy analyses will be prepared as three distinct sections within
the EIR document. This scope does not include preparation of stand-alone technical reports. Supporting
technical data including modeling assumptions, outputs, and calculations will be provided in an appendix
to the environmental document.
Subtask 4.1.2: Biological Resources Assessment (EIR Section)
FCS will prepare a programmatic Biological Resources analysis to be included in the SEDA Specific Plan
EIR. The programmatic Biological Resources section will analyze to what extent the proposed actions of
the Specific Plan have the potential to impact regulated biological resources occurring within the Plan
Area. Regulated biological resources include special-status species and their habitats, sensitive biological
communities, water and wetland resources, and others. Therefore, FCS Biologists will research and
interpret documentation and databases containing relevant information related to regulated biological
resources known to occur or potentially occurring within the Planning Area. This includes Fresno-specific
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previous analyses, including the Program Environmental Impact Report Public Review Draft, CDFW’s
California Wildlife Habitat Relationships (CWHR) system; California Natural Diversity Data Base (CNDDB);
California Native Plant Society Electronic Inventory (CNPSEI), and others. General habitat and landcover
mapping will be based on USDA’s Region 5 CALVEG Data, and representative critical areas will be
evaluated during one site visit.
Existing conditions and applicable federal, state, and local regulations will be summarized. Key
implications for the SEDA Specific Plan will be identified. Additionally, the FCS will prepare a program-
level impact analysis addressing potential SEDA Specific Plan-related impacts to regulated biological
resources. Based on identified potential impacts, FCS will develop program-level avoidance,
minimization, and mitigation measures to reduce potential project-related impacts to biological
resources to a less-than-significant level. The impact analysis and mitigation measures will not be
project-specific or site-specific, but rather will address potential impacts and mitigation thereof on a
programmatic level, including a streamlined but adequate checklist based on Section IV. Biological
Resources of the CEQA Guidelines Appendix G.
Subtask 4.1.3: Cultural, Tribal Cultural, and Paleontological Resources Analyses (EIR Sections)
FCS will review previous cultural resources evaluations, including studies conducted for the Specific Plan
area under the scope of the General Plan PEIR. In order to ensure that the latest available information is
incorporated into the SEDA Specific Plan Programmatic EIR, FCS will also conduct an updated a records
search at the Southern San Joaquin Valley Information Center (SSJVIC) located at California State
University, Bakersfield for all recorded cultural resources located within the boundaries of the proposed
plan area. The record search will include a review of the National Register of Historic Places (NR), the
California Register of Historical Resources (CR), the California Inventory of Historic Resources, the
California Historical Landmarks, the California Points of Historical Interest listing, the California Built
Environment Resource Directory (BERD), historic maps, photographs, and other pertinent historic data.
Due to the large number of private properties located within the Specific Plan area, this scope of work
does not include a field survey or an assessment of individual structures or properties for historical
significance. Instead, a summary of known historic resources and programmatic recommendations for
the treatment and evaluation of potential resources will be provided. Given the densely packed plan
area, it is assumed 24 staff hours will be sufficient to conduct the SSJVIC Records Search. Prior to the
records search, FCS is unable to ascertain the exact number of resources that will need to be addressed
in the summary, or hourly SSJVIC research fees incurred. Should either exceed the estimate of 24 staff
hours, the additional work will be captured in a separate scope and fee.
As part of the records search, FCS will prepare and submit a request to the Native American Heritage
Commission (NAHC) to check their Sacred Lands File for Native American resources that may be affected
by implementation of the Specific Plan. The request will include a list of Native American representatives
that may wish to consult on the project pursuant to Public Resources Code Sections 21080.3.1 and
21080.3.2 (AB 52) or Government Code Section 65352.3 (SB-18). From the Native American
representatives list provided by the NAHC, letters will be sent to each tribal representative requesting
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any additional information they may have about the proposed project area. Please note that this process
is for information gathering purposes in order to support conclusions made within the EIR and does not
satisfy the government-to-government consultation requirements pursuant to AB-52 and SB-18. FCS is
glad to assist with this process if desired, and additional consultation services beyond the current scope
of work are available upon request.
An updated review of the geology and paleontology of the Plan area as reported in scientific literature
and a records search of the UC Berkeley Museum of Paleontology (UCMP) will also be requested. The
results of the paleontological records search will be summarized in the appropriate EIR section and will
include recommendations for any mitigation measures deemed appropriate.
The results of the records searches, literature review, and description of the current regulatory
environment will be compiled directly into the cultural resources section of the EIR. The section will
assess potential impacts to historic and prehistoric cultural resources pursuant to CEQA, as well as
provide recommendations for programmatic mitigation measures deemed appropriate. This
programmatic analysis assumes the assessment of individual resources or the preparation of a stand-
alone Cultural Resources Assessment will not be necessary; if required, such tasks would be addressed in
a separate scope-of-work.
Subtask 4.1.4: Noise Analysis (EIR Section)
FCS will prepare the noise analysis to evaluate the potential construction and operational noise impacts
on noise-sensitive land uses within the Specific Plan area under proposed buildout conditions. The
dominant noise source within the Specific Plan area is roadway traffic, therefore, the existing noise
environment will be documented through traffic noise modeling. This Scope of Work does not include an
ambient noise monitoring effort. Should noise measurements be required, that effort will be covered
under a separate scope and fee.
Construction impacts associated with development that could occur with implementation of the Specific
Plan will be evaluated at a programmatic level. A quantitative assessment of noise impacts from
projected vehicular traffic trips will be performed based on the traffic study to be prepared for the
Specific Plan. Projections of the future Community Noise Equivalent Level along selected roadway
segments will be provided in a table format to show the distance/contour relationship. Areas within the
planning area that would be potentially exposed to land use compatibility impacts, will be evaluated at a
programmatic level commensurate with the level of detail provided by the City.
Potential stationary source operational noise impacts associated with implementation of the Specific
Plan will also be evaluated at a programmatic level commensurate with the level of detail provided by
the City. Mitigation measures will be identified to guide future development to ensure compliance with
the City’s operational noise performance standards.
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The Noise analyses will be prepared as a section within the EIR document. This scope does not include
preparation of a stand-alone technical report. Supporting technical data including modeling
assumptions, outputs, and calculations will be provided in an appendix to the environmental document.
Subtask 4.1.5: Traffic Impact Analysis (Report and EIR Section)
TJKM will provide an assessment of transportation impacts resulting from the proposed SEDA Specific
Plan EIR, incorporating the City of Fresno VMT thresholds, and will conduct an analysis of segment level
of service (LOS) to evaluate the adequacy of the planned roadway network based on the City’s adopted
LOS standards.
Confirm Land Use Buildout with Specific Plan by TAZ
At start-up: TJKM will request the anticipated Specific Plan buildout by land use type (single-family
dwellings, multi-family dwellings, anticipated residential population, and jobs by employment category)
for each ABM transportation analysis zone (TAZ) is within the Specific Plan area.
In submitting this request to City staff: TJKM will provide a map showing the TAZ boundaries, and an
accompanying spreadsheet showing the General Plan buildout assumptions by land use for each TAZ
within the Specific Plan boundaries. This will allow City staff to provide the requested buildout
information by updating the spreadsheet to show the Specific Plan buildout by land use for each TAZ.
Transportation Impact Analysis (TIA)
TJKM will conduct an impact analysis, consistent with CEQA requirements, that bases the assessment of
traffic impacts on the City of Fresno’s vehicle miles traveled (VMT) thresholds. TJKM will also assess
multi-modal impacts to transit, bicycle and pedestrian circulation, based on CEQA checklist criteria. The
analysis will be conducted for the following three scenarios:
Existing Conditions
Year 2035 Baseline (No Project) Conditions
Year 2035 Project Conditions (presuming buildout of Specific Plan land uses by 2035 for impact
analysis purposes, consistent with the General Plan EIR).
In addition, TJKM will conduct an analysis of traffic level of service (LOS) for planning purposes, and to
conform the proposed street network provisions are appropriate for the anticipated travel volumes.
TJKM proposes to evaluate peak-hour segment LOS on up to 70 study segments. Given the current
reduction in traffic volumes due to COVID-19: TJKM would primarily utilize prior count data rather than
conduct new counts. The LOS analysis will focus on the following key streets within or near the Plan area:
East/west streets:
Shaw Ave
Ashlan Ave
Shields Ave
McKinley Ave
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Belmont Ave
Jensen Ave
North Ave
Central Ave
North/south streets:
Clovis Ave
Fowler Ave
Temperance Ave
De Wolfe Ave
Leonard Ave
McCall Ave
TJKM will prepare a stand-alone Transportation Impact Analysis report that contains the following
chapters:
1. Introduction will summarize the TIA methodology and the key plan components relevant to the
analysis of transportation impacts.
2. Existing Conditions will describe the exiting, multi-modal transportation network relevant to the
study area. This section will also describe the existing rates of vehicle miles traveled (VMT)
3. Year 2035 Baseline (No Project) Conditions will describe the anticipated Year 2035 roadway
network (consistent with the General Plan EIR and Active Transportation Plan) and the baseline
rates of vehicle miles traveled (VMT) relevant to the impact analysis.
4. Year 2035 Project Conditions will provide an analysis of vehicle miles traveled (VMT) with
buildout of the Specific Plan, based on the City of Fresno’s adopted VMT thresholds. This chapter
will also assess multi-modal impacts to transit, bicycle and pedestrian circulation, based on CEQA
checklist criteria. Where significant impacts are identified: potential impacts will be identified.
5. Level of Service will describe the findings of the Traffic Level of Service (LOS) analysis for up to 70
study segments. This analysis will be utilized to provide recommendations concerning the
adequacy of the proposed street network to serve anticipated travel volumes.
6. Findings & Recommendations will summarize the impact findings and recommended mitigations,
as well as the findings of the LOS analysis and any accompanying recommendations for
modifications to the proposed circulation network under the Specific Plan including multi-modal
mobility recommendations.
TJKM will prepare a Draft TIA Report for review by City staff. Following review and comments: TJKM will
prepare a Final Draft TIA Report that will serve as an appendix to the Draft EIR, and will be the basis of
the Traffic/Transportation chapter within the Draft EIR.
Draft & Final EIR
TJKM will conduct the following additional tasks during preparation of the Draft and Final EIR:
Alternatives Analysis: TJKM will provide a qualitative comparison the project with up to three
alternatives for inclusion in the Draft EIR.
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Draft EIR: TJKM will assist with updates to the Traffic/Transportation chapter prior to release of
the Draft EIR.
Response to Comments & Final EIR: TJKM has budgeted up to 24 hours of staff time to prepare
responses to public comments received on the Draft EIR and/or make revisions for the Final EIR.
Adoption Hearings: TJKM has budgeted up to 20 hours of staff time, including preparation, for
adoption hearings.
Subtask 4.1.6: Utilities/Service Systems and Hydrology/Water Quality (EIR Sections)
Administrative Draft Program EIR
Based on the infrastructure plans developed in the previous tasks, FCS will categorize the impacts of
future infrastructure improvements in the specific plan area. BCF will assist FCS to prepare the
Utilities/Service Systems and Hydrology/Water Quality sections of the Draft EIR; we will review their
draft text, provide editorial comment and additional content using Microsoft Word Track Changes, and
generate additional content for each of the sub-sections of each section mentioned, in the form of
technical reports to be incorporated into the EIR document by FCS.
BCF will prepare the Utilities/Service Systems and Hydrology/Water Quality sections of the
Administrative Draft EIR. BCF’s contribution is only a part of the whole unified project and process. As
FCS assembles the myriad disciplines and facets of the project, BCF may review other related sections
and offer appropriate input.
Environmental Setting
BCF will gather the required information for all utility systems to establish the environmental and
regulatory setting within the SEDA Specific Plan area. Much of the same information gathered for the
existing conditions report in Task 1.3 will be utilized in drafting the environmental settings for the EIR.
The environmental settings will also delve into the possible outcomes of changes in land use within the
specific plan area.
Water and Recycled Water
For water and recycled water utilities, BCF will coordinate with the City of Fresno Department of Public
Utilities and FID on gathering information about the existing water supply and distribution system in the
specific plan area, including pipe alignments, pipe sizes and material, and demand requirements. Key
planning documents will be reviewed and utilized in the formation of the environmental setting. Water
system characteristics that will be examined include groundwater supply, surface water supply, urban,
industrial, commercial, and agricultural water demand, and existing water and recycled water
distribution systems. BCF will gather documents for all federal, state, and local regulatory requirements
regarding drinking and recycled water, including water conservation regulations, groundwater protection
regulations, policies ensuring adequate water supplies, and recycled water use regulations.
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Wastewater
Wastewater information to be collected from the City of Fresno Department of Public Utilities includes
pipe alignments, pipe sizes and material, and flow data. Wastewater treatment and disposal information
will be obtained, including the facilities used for wastewater treatment and their respective treatment
characteristics/data. The existing wastewater collection system in the SEDA Specific Plan area will be
reviewed and included in the environmental setting. Federal, state, and local regulations for wastewater
collection and discharge will be obtained.
Storm Drainage
For storm drainage and flood control, BCF will obtain information from FMFCD pertaining to runoff
factors for land use, current collection system and basin disposal system levels of service, runoff quality
characterization, and locations/condition of existing basins in the SEDA Specific Plan area. Existing storm
water collection and disposal systems within the SEDA Specific Plan area will be reviewed, as will the
various flood control facilities and infrastructure. Federal, state, and local regulations for storm water
collection and disposal will be reviewed and included in the environmental setting.
The environmental setting reports will be submitted to FCS to be incorporated into the administrative
draft EIR for submittal to eth City of Fresno.
Environmental Assessments
BCF will review the City of Fresno general EIR documents and draft technical reports for each utility
system (water, recycled water, wastewater, storm drainage) to be incorporated by FCS into the SEDA
Draft Program EIR. Each technical report will include summaries of the existing infrastructure, and an
analysis of how proposed land uses in the specific plan area will affect the various utility systems. The
reports will not include any analysis of potential mitigation measures.
Water and Recycled Water
Water and recycled water supply and distribution will be analyzed by comparing the existing water and
recycled water infrastructure to that which is projected to be designed and built within the SEDA Specific
Plan area. BCF will utilize existing water demand data and compare it to projected water demands based
on proposed land uses. This will allow BCF to assess and identify possible areas where new or different
proposed land uses may affect water demand. Projected water demands will be reviewed to determine
impacts on long term water reliability, peak water demand, and fire flow requirements. Projected
recycled water demands will be reviewed to determine similar impacts, but for uses involving recycled
water only, such as irrigation and industrial demand. All federal, state, and local regulations that pertain
to drinking water and recycled water will be reviewed and addressed within the report. BCF will not
complete any modeling of the water or recycled water systems. The results of the report will be
discussed with City of Fresno and FID staff, and the report will be revised as such.
Wastewater
Similar to water and recycled water infrastructure, wastewater infrastructure will be analyzed to
compare existing wastewater systems and flows to projected wastewater flows for the proposed land
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uses in the SEDA Specific Plan area. Wastewater flow generation will be based on land use in the specific
plan area. BCF will analyze the existing and projected flows to determine if there are new or different
land areas that will affect wastewater flow generations. The wastewater system will be analyzed for
capacity to determine what impacts the SEDA Specific Plan may have on increasing the flow generation
for the area. All federal, state, and local regulations that pertain to wastewater collection and discharge
will be reviewed and addressed within the report. BCF will not complete any modeling of the wastewater
systems. The results of the report will be discussed with City of Fresno staff, and the report will be
revised as such.
Storm Drainage
Analysis of the SEDA Specific Plan area for storm drainage infrastructure will involve reviewing the
topography of the area, and completing analyses of the land use areas in conjunction with runoff factors
and water quality requirements. This will help BCF develop overall watershed runoff factors for both the
existing conditions and the proposed future development area. The runoff factors will be compared to
the existing level of service for the drainage area collection system and basin disposal system, which will
allow BCF to evaluate the impact of the land use change on the stormwater collection and disposal
systems, and runoff quality. BCF will not complete any modeling of the storm drainage systems. The
results of the report will be discussed with FMFCD and FID staff, and the report will be revised as such.
The environmental assessment reports will be submitted to FCS to be incorporated into the
administrative draft EIR for submittal to eth City of Fresno.
Deliverables
Environmental Settings for Water, Recycled Water, Wastewater, and Storm Drainage;
Environmental Assessment Technical Reports for Water, Recycled Water, Wastewater, and Storm
Drainage.
Draft Program EIR
Comments from the Administrative Draft EIR will be evaluated. BCF will conduct additional analyses,
adjustments, revisions and refinements of the technical materials and proposed changes to the
Administrative Draft version for the Draft EIR. The revised utility infrastructure reports will be submitted
to FCS for their inclusion into the main Draft EIR document.
Deliverables
Draft Program EIR Utility Infrastructure Sections
Final EIR
Comments from the Draft Program EIR will be evaluated. Revisions and refinements will be
recommended for incorporation into the final version of the document. Performance and assistance at
this stage emphasizes the entire Program EIR process which includes the production of the final Program
EIR document.
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Deliverables
Final EIR Utility Infrastructure Sections
Task 4.2: Project Initiation
FCS’s Project Manager and other key team members will meet with City staff for a start-up meeting to
clarify and confirm the project description, identify key contacts, discuss scheduling targets, and obtain
copies of the Specific Plan and related documents.
Task 4.3: Notice of Preparation
FCS will prepare a Notice of Preparation (NOP) in accordance with CEQA Guidelines Section 15082. The
NOP will identify the Specific Plan area, provide a summary of the Specific Plan characteristics, and list
probable environmental effects identified in the NOP, supported by tables and color graphics. The City will
be responsible for distributing the NOP to public agencies and private parties. This scope of work assumes
that an Initial Study will not be prepared.
Following release of the NOP, the City will hold a public scoping meeting in Fresno, which FCS
representatives will attend. The public scoping meeting will be conducted at a regularly scheduled
Planning Commission hearing. (Meeting attendance at the scoping meeting is accounted for in the Task 4
below). All public comments received at the scoping meeting will be noted in the Draft EIR.
Deliverables
One (1) electronic version of the Administrative Draft NOP to the City of Fresno
One (1) electronic version of the final NOP to the City of Fresno
Fifteen (15) hard copies of the final NOP and the Notice of Completion to the State Clearinghouse
Task 4.4: Public Scoping Meeting
FCS will attend and facilitate a scoping meeting to hear comments on the scope of environmental issues
and alternatives to be considered in the Program EIR. During the meeting, FCS will monitor comments
received, answer questions as directed by staff, and provide a summary of public comments regarding
any environmental concerns raised. Input will be used to focus the issues to be addressed in the EIR. The
summary of comments will be included as an Appendix to the CEQA document. FCS will also obtain written
comments received on the NOP from the City.
Task 4.5: Administrative Draft EIR
FCS will prepare an Administrative Draft EIR in accordance with the applicable requirements contained in
CEQA Guidelines Sections 15120 through 15132. The Administrative Draft EIR will contain analyses
supported by graphics and tables. The document will identify potentially significant impacts, feasible
mitigation measures, and the residual significance after mitigation has been implemented. The contents
of the Administrative Draft EIR include the following sections.
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Executive Summary
In accordance with CEQA Guidelines Section 15123, the Executive Summary will contain a summary of
the project, list the project alternatives, identify areas of controversy, and provide a matrix listing
environmental impacts and mitigation measures, and the residual significance of all impacts.
Introduction
FCS will prepare the introduction including the purpose and background of the project, the
determination of the lead agency, the scope of the EIR, and the document’s organization. The
Introduction will establish the scope of review of the EIR and identify environmental topics that had
been previously evaluated at a sufficient level in the prior rounds of environmental review and, thus,
would not need to be re-evaluated.
Project Description
Pursuant to CEQA Guidelines Section 15124, the project description will identify the Specific Plan area,
describe the project characteristics, list the project objectives, identify necessary approvals, and list other
agencies that may use the document. The project description will describe the relationship of the Specific
Plan to the City of Fresno’s General Plan and Zoning Ordinance. The project description will use graphics
and tables to clearly convey relevant information to the reviewer.
Environmental Setting, Impacts, and Mitigation Measures
The following specific sections will be prepared that provide a discussion of environmental setting,
impacts, and mitigation measures (if applicable).
Aesthetics, Light, and Glare Land Use
Agriculture and Forestry Resources Mineral Resources
Air Quality Noise
Biological Resources Population and Housing
Cultural Resources Public Services
Energy Recreation
Geology, Soils, and Seismicity Transportation
Greenhouse Gas Emissions Tribal Cultural Resources
Hazards and Hazardous Materials Utility and Service Systems
Hydrology and Water Quality Wildfire
Cumulative Effects
FCS will describe the reasonably foreseeable projects within a City-approved defined study area that may
result in cumulative impacts associated with the proposed Specific Plan. FCS will work closely with City
staff to ensure the EIR is prepared at the appropriate level of detail and pertinent projects are evaluated.
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As identified above, we assume the City will provide information on all reasonably anticipated projects
to FCS, so cumulative projects can be adequately addressed.
Cumulative projects may be defined within a specified area around the Specific Plan boundaries as (1)
projects constructed, but not occupied; (2) projects approved, but not constructed; (3) pending projects for
which pre-filing or filing of an application with its respective lead agency has occurred; and (4) anticipated
or announced projects for which no application has yet been filed with the lead agency. However, note that
the geographical extent of the evaluation area for cumulative impacts would vary, depending upon the
technical issue to be addressed. For instance, the evaluation area for air quality encompasses the local air
basin, while the evaluation area for traffic encompasses the local roadway network. Findings of recent
court cases will be used to address all pertinent issues. Cumulative projects will be discussed for each
technical issue. Growth-inducing impacts will be evaluated separately in the EIR.
Alternatives
Pursuant to CEQA Guidelines Section 15126.6, the EIR will evaluate a range of feasible alternatives to the
proposed project. One of the alternatives will be the CEQA-mandated “No Project Alternative,” which is
the circumstance under which the project does not proceed. FCS will evaluate up to two additional
alternatives, to be determine din coordination with City staff. In addition, the Alternatives section will
address the feasibility of any alternatives that were initially considered but rejected from further
consideration. Each alternative will be described in sufficient detail and evaluated on a topical section
basis against the proposed project to determine if it will have fewer, equivalent, or greater impacts. A
matrix will be provided comparing each alternative’s impacts on the various topical areas. Finally, the
environmentally superior alternative will be identified.
Effects Found not to be Significant
CEQA Guidelines Section 15143 establishes that EIRs shall focus on significant impacts on the
environment and need not discuss in detail effects that are clearly insignificant or unlikely to occur (e.g.,
tsunami inundation). FCS will prepare the NOP, identifying any resource categories or topical areas (e.g.,
tsunami inundation) that can be “scoped out” pursuant to Section 15143 given the location and context
of the Specific Plan. Provisionally, we assume that impacts to forestry resources and mineral resources
will be less than significant and will not need to be analyzed in detail in the EIR. However, a section titled
Effects Found not to be Significant will be included in the Draft EIR to document the justification for
resource categories excluded from detailed analysis in the Draft EIR.
Significant Unavoidable Adverse Impacts
FCS will discuss all significant unavoidable adverse impacts, pursuant to CEQA Guidelines Section
15126(b). The discussion will include any impacts that can be partially mitigated, but not to a level that is
less than significant. Any mitigation measures considered, but eliminated from suggestion because of
new impacts that would be associated with their implementation, will also be discussed.
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Other CEQA-Mandated Sections
Pursuant to CEQA Guidelines Section 15126(g), FCS will discuss any potential growth-inducing impacts of
the proposed Specific Plan. Potential sources of growth inducement and their corresponding impacts,
such as removal of obstacles to growth (i.e., extension of infrastructure), new employment generation,
or major economic influences, will be qualitatively analyzed, to the extent that they are applicable.
FCS will also be responsible for the preparation of the following:
Table of Contents
Irreversible and Irretrievable Commitment of Resources
List of Organizations and Persons Consulted
Preparers of the Environmental Document
References
Appendices
Technical Appendices
Pursuant to CEQA Guidelines Section 15147, supporting technical information will be appended to the
EIR. This includes but is not limited to technical studies, modeling data, and correspondence.
Deliverables
FCS will provide the following deliverables as part of the Administrative Draft EIR submittal:
Five (5) hard copies of the ADEIR and one electronic copy
Task 4.6: Screencheck Draft EIR
Upon receipt of City staff comments on the Administrative Draft EIR, FCS will prepare a Screencheck
Draft EIR that shows changes in track. This task assumes a conference call to discuss specific issues or
comments related to the Administrative Draft EIR. We assume that all City staff comments will be
consolidated into one document before delivery to FCS.
Deliverables
One (1) electronic version of the Screencheck Draft EIR to the City of Fresno
Task 4.7: Draft EIR
Upon receipt of final City staff comments on the Screencheck Draft EIR, FCS will proceed with finalizing and
producing the Draft EIR for public review. This task assumes technical staff time to complete revisions to
the Draft EIR, plus editing and administrative staff time to prepare the document for publication. If
additional hours are required, we will prepare a budget augment to cover the actual level of effort. We
assume that all City staff comments will be consolidated into one document before delivery to FCS.
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FCS will provide copies of the Draft EIR to the City of Fresno, which will be responsible for local
distribution, noticing, and posting. FCS will provide copies of the Draft EIR to the State Clearinghouse,
which will distribute the document to state agencies. FCS will also prepare the Notice of Completion for
submittal to the State Clearinghouse as part of this task. Finally, this task includes preparation of the
Notice of Availability and assumes that City staff will distribute the notice to local agencies and
interested parties.
Deliverables
Ten (10) bound hard copies (appendices on CD) and twenty (20) CDs (PDF format) of the Draft EIR
to the City of Fresno
Fifteen (15) Executive Summary hard copies and fifteen (15) CDs of the Draft EIR and the signed
Notice of Completion to the State Clearinghouse
One (1) electronic copy of the Notice of Availability
Task 4.8: Administrative Final EIR
FCS will prepare an Administrative Final EIR in accordance with the applicable requirements contained in
CEQA Guidelines Sections 15088 and 15089. The Administrative Final EIR will list all agencies,
organizations, and individuals who submitted written comments on the Draft EIR during the public
review period and provide written responses to those comments. To enhance readability and avoid
redundancy, FCS will use Master Responses to address frequent and reoccurring comments on the Draft
EIR’s analysis. Additionally, the Administrative Final EIR will contain an Errata, which will document minor
changes to the Draft EIR text in strikeout-underline format.
FCS representatives will attend a public comment session concerning the Draft EIR during the public
review period (meeting attendance is covered under Task 11). The public comment session will be
conducted at a regularly scheduled Planning Commission hearing. FCS will summarize verbal comments
received at the meeting in the Administrative Final EIR and provide written responses to said comments.
Based on FCS’s experience responding to comments, we have budgeted eighty (80) hours of FCS staff
time (including technical, editing, and administrative personnel) for this task. Together with the City, FCS
will evaluate the volume and complexity of comments received on the Draft EIR. If additional time is
required beyond what is budgeted, FCS will prepare a budget augment to cover the actual level of effort.
Deliverables
One (1) electronic version (PDF) of the Administrative Final EIR to the City of Fresno
Task 4.9: Final EIR
Once City staff provides final comments on the Administrative Final EIR, FCS will proceed with finalizing
and producing the Final EIR for public review. This task assumes technical staff time will be required to
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complete revisions to the Final EIR, plus editing and administrative staff time to prepare the document
for publication. If additional hours are required, we will prepare a budget augment to cover the actual
level of effort. FCS will provide copies of the Final EIR to the City of Fresno, which will be responsible for
local distribution, noticing, and posting. Finally, this scope of work assumes that City staff will prepare
and mail all notices associated with the Final EIR to local agencies and interested parties.
Deliverables
Ten (10) bound hard copies (appendices on CD) and twenty (20) CDs (PDF format) of the Final EIR
to the City of Fresno.
Task 4.10: Mitigation Monitoring and Reporting Program
FCS will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP), pursuant to
CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures identified in the EIR.
This comprehensive MMRP will provide City staff with a single source of reference to the full range of
mitigation measures to be implemented. For each measure or group of similar measures, the agency
responsible for ensuring proper implementation will be identified, along with the timing and method of
verification. Copies of the MMRP will be included in the Final EIR submittal.
Deliverables
One (1) electronic version (PDF format) of the MMRP to City of Fresno
Task 4.11: Findings of Fact/Statement of Overriding Considerations
FCS in-house attorney, Megan Starr, will prepare the draft Findings of Fact/Statement of Overriding
Considerations for the City to review and finalize. FCS will make revisions based on one set of
consolidated comments and will submit a final version of the Findings of Fact and Statement of
Overriding Considerations. This task includes 50-hours of staff time. If the level of effort involved in
preparing this task requires an exceedance of these hours, FCS will notify the City of the additional costs
and obtain authorization for extra hours.
Task 5: Meetings/Hearings
This scope of work assumes that FCS’s Project Director or Project Manager will attend up to eight (8)
meetings in Fresno, including up to two (2) Planning Commission Hearings, two (2) City Council Hearings,
and four conference calls or meetings, presumed to be held by Zoom, during the preparation of the EIR.
As noted, the eight (8) meetings would consist of a combination of coordination meetings with staff and
public hearings. A not-to-exceed budget has been established to cover attendance at the meetings. If the
City staff and/or the applicant requests additional meeting attendance by FCS staff, or if the amount of
time involved in these meetings exceeds the initial budget allocation, FCS will notify the applicant of the
additional costs and obtain authorization for the extra meeting time.
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Task 6: Project Management
In addition to the research, analysis, communications, and report writing tasks described above, FCS will
perform a variety of project management duties to ensure that the EIR meets the City’s standards of
quality, and that it is delivered on time and within budget. These duties will include team supervision
and coordination, oral and written communications with City staff, project accounting, and quality
assurance review by FCS’s Project Director and Technical Editor of all deliverable products. These services
also will include ongoing support to City staff, such as providing input to staff reports, regular schedule
updates, and discussions of technical issues. This task assumes sixty (60) hours of staff time.
Tasks Outside the Scope of Work
The following are tasks FCS has identified as falling outside its scope of work for the proposed project.
Newspaper Noticing/Local Noticing
FCS assumes that City staff will be responsible for any public noticing related to the certification of the EIR.
Notice of Determination Filing/Payment of Fees
FCS assumes the applicant will be responsible for preparing and filing the Notice of Determination with
the Fresno County Clerk’s Office within 5 business days of certification of the EIR. Please be advised that
as of January 1, 2020, the filing fees for an EIR are $3,343.25 (CDFW fee) plus a $50 County handling fee,
for a grand total of $3,393.25.
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SCHEDULE
The completion of the Infrastructure Finance Plan and Nexus Study, the Infrastructure Assessment, and
the Community Outreach scopes of work are dependent on coordination and input from City staff and
other agencies. Therefore, the schedule for these scopes of work will be developed in coordination with
City staff at the project initiation meetings.
FCS has prepared the following schedule outlining the anticipated timing of each task required for
preparation of the Environmental Impact Report.
Task Week
Project Initiation/Begin Technical Studies 1
FCS submits Draft NOP to City of Fresno 4
Receive City Comments on the Draft NOP 5
Release NOP; begin 30-Day Review Period 6
Public Scoping Meeting 8
End 30-Day Review Period 10
FCS submits Admin Draft EIR and Technical Studies to the City of Fresno 13
City staff provide comments on Administrative Draft EIR and Technical Studies to FCS 16
FCS submits Screencheck Draft EIR to City of Fresno 18
Receive City comments on Screencheck Draft EIR 20
Release Draft EIR for public review; begin 45-Day Public Review Period 21
End 45-Day Public Review Period 27
Submit Administrative Final EIR and MMRP to the City of Fresno 30
Receive City comments on Administrative Final EIR and MMRP 33
Release Final EIR and MMRP 35
Public Meeting(s) To Be Determined
File Notice of Determination with Fresno County Clerk Within 5 business days
of EIR Certification
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BUDGET
Phase Task Fee
Infrastructure Finance Plan, and Nexus Study, and Fiscal Review
Prepare Infrastructure Finance Plan and Nexus Study $71,896
Conduct Qualitative Fiscal Review (& Contingency) $9,254
Infrastructure Assessment
Specific Plan Development Input $41,470
Utilities/Service Systems and Hydrology/Water Quality (EIR
Sections)
$108,570
Community Outreach
Project Initiation $3,201
Specific Plan Unveiling and Outreach $34,540
CEQA Scoping Meeting (& Direct Costs) $3,363
Project Management and Coordination $4,092
Environmental Impact Report
Technical Studies/Analysis Air Quality, Greenhouse Gas Emissions and Energy Analysis $15,890
Biological Resources Assessment $7,760
Cultural, Tribal Cultural, and Paleontological Resources Analyses $11,620
Noise Analysis $7,830
Traffic Impact Analysis $117,620
Environmental Impact
Report
Project Initiation $8,040
Notice of Preparation $4,270
Public Scoping Meeting $3,820
Administrative Draft Environmental Impact Report $55,370
Screencheck Draft Environmental Impact Report $14,280
Draft Environmental Impact Report $8,380
Administrative Final Environmental Impact Report $16,810
Final Environmental Impact Report $5,710
Mitigation Monitoring and Reporting Program $1,280
Findings of Fact/Statement of Overriding Considerations $8,460
Meetings/Hearings $14,380
Project Management $12,180
Total $590,086
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Assumptions
The assumptions used in calculating the above fees are:
Reimbursable expenses have been included in the table above. These direct costs, including but
not limited to those items presented below, will be reimbursable upon provision of proper
documentation:
- Purchases of project materials.
- Reproduction, reprographics, document production, printing and photographic.
- Postage, messenger, delivery, and overnight mailing.
- Mileage, noticing, and record searches.
- Other miscellaneous costs directly related to the project.
This price is based on completion of the work within the proposed schedule. If significant delays
occur at the fault of the City, an amendment of the price would be warranted to accommodate
additional project management and other costs, and to reflect adjustments for updated billing
rates.
The fee is valid for up to 30 days from the date of this scope, after which it may be subject to
revision.
City staff will be responsible for distribution of documents.
Costs have been allocated to tasks based upon FCS’s proposed approach. During the work, FCS
may, on its sole authority with notice to the City, re-allocate costs among tasks and/or direct costs,
as circumstances warrant, so long as the adjustments maintain the total proposal price within its
authorized amount.
The FCS Project Manager will be the primary representative at the project meeting and public
hearing.
Printing costs are based on the method of printing and binding proposed, numbers of copies
proposed as work products, and estimated page lengths. Document printing costs are estimated
and will be finalized at the time of printing. On further clarification of the documents and City’s
(paper and/or digital CD) that City staff will need during the preparation effort, FCS will specifically
identify a detailed reproduction work plan with more specific costs.
Scope of Work Modifications
FCS assumes a stable and complete project description and project plan set at project initiation. In the
event the project description and/or scope of work change to a degree that alters the fee estimate, FCS
will contact the City in writing to submit a revised fee for mutual agreement, and a contract amendment
will be processed. Requests for additional work will be documented, and a completion timetable and
estimated fee will be submitted for applicant approval.
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Invoice Billing
Invoices will be submitted monthly and will identify project progress on a percent complete basis.
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